Bankstown Airport Pty Limited T/A Aeria Management Group

[2024] FWC 2330

[2024] FWC 2330

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222 - Application for approval of a termination of an enterprise agreement

Bankstown Airport Pty Limited T/A Aeria Management Group

(AG2024/3178)

Airport operations
COMMISSIONER JOHNS	MELBOURNE, 19 SEPTEMBER 2024

Application for termination of the Sydney Metro Airports Enterprise Agreement 2020

1. On 20 August 2024, Bankstown Airport Pty Limited T/A Aeria Management Group (Applicant) made an application (Application) pursuant to s.222 of the Fair Work Act 2009 (Cth) (Act) to the Fair Work Commission (Commission) to terminate the Sydney Metro Airports Enterprise Agreement 2020 (2020 Agreement).

1. The 2020 Agreement is a single enterprise agreement. It was approved by me on 9 September 2020.[1] The nominal expiry date of the Agreement is 30 June 2024.

1. Section 223 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.222 of the Act:

‘223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.’

1. The application was supported by a Statutory Declaration made on 20 August 2024 by Kathryn Jane Benchoam, the People and Culture Manager for the Applicant. Ms Benchoam declared that the following steps were taken by the Applicant to ensure that the relevant employees were given a reasonable opportunity to decide whether they wanted to approve the termination:

a)On 9 August 2024, the Applicant sent an email to all employees with a notice of vote and an explanatory statement.

b)All employees covered by the Agreement were invited to attend an information session on 15 August 2024. The sessions explained why the enterprise agreement was proposed to be terminated and the effect on employees.

c)From 9 August 2024 till 19 August 2024, the management were available to answer questions from employees and did answer questions.

1. The termination was agreed to on 19 August 2024. There were 5 employees covered by the agreement and 5 valid votes cast. Of the votes cast, all 5 employees voted to terminate the agreement. The Application was made within 14 days of the termination being agreed to and was accompanied by the appropriate declaration.

1. On 2 September 2024, the Commission directed that:

a)By no later than 4:00 pm on 4 September 2024, the Applicant must file a copy of these Directions to its employees and any other relevant organisation.

b)By no later than 4:00 pm on 6 September 2024, a director or officer of the Applicant must file in the Commission and any other relevant organisation, a statutory declaration, confirming compliance with these directions.

c)By 4:00 pm on 11 September 2024, any employee or any organisation which opposes the termination of the Agreement must file in the Commission (by emailing [email protected]) any submissions, written statements and documents they rely upon in opposition to the Agreement being terminated.

1. On 5 September 2024, Kathryn Jane Benchoam made a statutory declaration to declare that the directions issued by the Commission on 2 September 2024 had been adhered to and served upon all employees of the Applicant, and that there are no relevant organisations.

1. No submissions in opposition were filed by the deadline.

1. Based on the material that is before the Commission, including the statutory declaration provided by the Applicant, the Commission is satisfied that the requirements of s.223 of the Act have been met.

1. In accordance with s.224 of the Act, the termination will come into effect on 19 September 2024. An Order to this effect [PR778802] has been issued concurrently with this decision.

COMMISSIONER

[1] [2020] FWCA 4830

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